Delhi High Court
Satyaveer @ Sagar & Ors. vs The State ( Nct Of Delhi ) & Anr. on 1 August, 2018
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.08.2018
+ CRL.M.C. 2683/2018
SATYAVEER @ SAGAR & ORS ..... Petitioners
versus
THE STATE ( NCT OF DELHI ) & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Archana, Adv. along with petitioners
For the Respondent: Mr. Sanjeev Sabharwal, Addl. PP for
the State with SI Kuldeep Bhat
Mr. Imran Ali, Adv. for complainant
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.08.2018
SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. No. 9554/2018 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 2683/2018
1. The petitioners seek quashing of FIR No. 998 of 2015 under
Sections 498A/406/34 of the IPC, Police Station Ghazipur, New
Delhi, based on a settlement. It is contended that the FIR was lodged
consequent to a matrimonial discord.
2. It is prayed that exemption be granted to petitioner no. 2, father
of petitioner no. 1 on the ground that he is aged about 67 years of age
and is not keeping well. He has filed his affidavit in support of the
petition. In view of the above, petitioner no. 2 is granted exemption
from personal appearance.
3. Learned counsels for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by
mutual consent and decree of divorce dated 16.08.2017 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement before the Delhi Mediation Centre,
Karkardooma Courts, Delhi on 11.05.2016. As per the settlement, a
total sum of Rs. 2 lakhs has been agreed to be paid to respondent no.
2. A sum of Rs. 1,50,000/- has already been paid to respondent no. 2
and the balance sum of Rs. 50,000/- has been paid to respondent no. 2
outside the court, today.
4. Respondent no. 2 is present in court in person, represented by
her counsel and is identified by the Investigating Officer. She
confirms that she has received the entire amount of Rs. 2 lakhs. She
submits that she has settled the dispute with the petitioners and is
agreeable to the settlement and does not wish to press the criminal
charges against the petitioners any further.
5. In view of the fact that the disputes between the petitioners and
respondent no. 2 emanate out of a matrimonial discord and have been
settled, continuation of criminal proceedings will be an exercise in
futility and justice in the case demands that the dispute between the
parties is put to an end and peace is restored; securing the ends of
justice being the ultimate guiding factor. It would be expedient to
quash the subject FIR and the consequent proceedings emanating
therefrom.
6. In view of the above, the petition is allowed. FIR No. 998 of
2015 under Sections 498A/406/34 of the IPC, Police Station
Ghazipur, New Delhi and the consequent proceedings therefrom are,
accordingly quashed.
7. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
AUGUST 01, 2018
'rs'
